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This guide has been designed for Ontario Professional Practice Exams dated up until
December, 2016. If you are writing your exam at a later date, be sure to obtain the latest guide
from http://www.practiceppeexams.ca/ppe-guide.html as the scope and syllabus may change
along with this guide.
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COPYRIGHT
Copyright 2016 by practicePPEexams.ca. All Rights Reserved
DISCLAIMER
The author of this product does not make any warranty (expressed or implied) or
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completeness, or use of, or reliance on, any information contained in the PPE
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administer the PPE and our questions are based on the exam scope and
syllabus.
This eBook is for information only. It does not represent nor should it be relied
upon as legal advice. It should not be used for any other purpose than preparing
for the PPE.
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Contents
Introduction
Tips for Passing Part A Ethics & Professional Practice
Tips for Passing Part B - Law
What to Bring to the Exam
What Not to Bring to the Exam
4
11
11
12
12
Definitions
13
31
32
37
Practice Exam #1
Solutions to Practice Exam #1
42
50
Next Steps
56
57
65
66
67
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Introduction
Making your journey to a Professional Engineer (P.Eng.) or P.Geo. is an exciting
one, yet it requires dedication, patience and focus. As shown in Figure 1 below,
there are several requirements to become a P.Eng.; one of them requires you to
pass your Professional Practice Exam (PPE) 1. Perhaps you have visited the
PEO website, received a study package in the mail and purchased a couple of
textbooks. Now what? Time is running out, so where should you begin?
1. Submit
Application
2. Academic
qualifications
reviewed
3. Write Professional
Practice Exam (PPE)
4. Submit
Experience
Record
5. Final
Review
6. Licence
Awarded
Figure 1: The Licensing Process for Graduates of Accredited University Programs
Source: Canadian Professional Engineering and Geoscience text
For internationally educated folks, the licencing process is a bit different but you
still have to write the PPE in the middle of the process.
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appeared" on past exams. Also, after I practiced old exams, I didn't have a
trusted resource to compare my answers with.
Looking back, if I would have only studied what I needed to I could have saved
myself a lot of time and effort. I made it my goal to write this guide with the
purpose of saving you time by focusing you in on the important aspects of the
PPE. My hope is that you have more knowledge and confidence when you enter
the exam room.
As a student of continuous improvement, I am keeping a close eye on the
development of the PPE to ensure that this document remains up-to-date. I
always welcome your feedback and any input you may have to make this
document the best value it can be. If you have a question, notice something is
not clear, or notice a factual error, please let me know. I will respond to you,
update this Guide and email you the latest version.
You can submit your comments and suggestions by sending us a note at
info@practicePPEexams.ca.
Sincerely,
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Where To Start
Some of us study well in advance while others leave it to the last minute. Ive
chosen a 5-week timeframe as I feel this is enough time to digest the material
and practice some questions. If you pick up new ideas quickly, feel free to use
less time. On the other hand, if you prefer to study a bit slower, feel free to
extend our recommended timeline.
This guide is designed such that you can work full-time and study for 2-3 hours
each weeknight and 4-5 hours on the weekends. The total study time will
depend on your existing knowledge and your ability to retain information. If you
study on the lower end it will work out to 90 hours and the higher end is 125.
Week 1
Step 1: Register for the exam and purchase both textbooks - Canadian
Professional Engineering and Geoscience: Practice and Ethics (5th edition),
AND Law for Professional Engineers, Canadian and Global Insights (4th
edition).
Step 2: Review key definitions on flashcards and practice them until the
concepts are clear to you. The next chapter provides you with access to a
flashcard website to practice all of the key definitions as well as textbook page
references for additional information.
Week 2
Step 3: Read the important chapters of the above textbooks. These key chapters
are listed in a later section.
Week 3
Step 4: Re-review the definitions and the flashcard website studied in Step 3. If
anything is unclear, visit the appropriate textbook section to gain a deeper
understanding of the topic.
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Week 4-5
Step 5: Practice the sample exam questions provided in this guide. Compare
your solutions with the answers provided. Be sure to answer the question before
looking at the solution. If you are struggling with any types of questions, be sure
to re-read those sections of the text again to cement the information.
Step 6: Write the test. Wait 8-10 weeks for your passing letter in the mail.
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Exam Overview
Here is some information about the exam to give you an overview of what to
expect:
The next two pages will show you visually how Part A and Part B are structured.
It is recommended that you print out the next two pages for easy reference.
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For long answer questions, ensure that you provide full answers and
never simply state Yes or No.
Since the exam is 3 hours long, if you have passed the 90-minute mark it
is a good idea to finish up Part A and start on Part B. When you finish
Part B you can come back and finish Part A.
Budget your time. Each question is worth 25 marks and you should try to
do them in 22.5 minutes or less, otherwise you are sacrificing time for
other questions.
Write clearly and concisely. Practice the sample exam(s) (included in this
guide) and ask a friend or colleague if they can read and understand your
writing. Since most communication is done through computers these
days, it might take some practice getting your printing skills back. Avoid
hand writing if possible as it is generally harder to read than printing.
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Define 5 of 8 terms.
See the above tips for budgeting your time, providing full answers and
writing clearly and concisely.
Your PEO #
3 or more pens. Select high quality pens that allow you to write clearly.
If you are not sure if an item is allowed into the exam, ask the person(s) on
staff for clarification.
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Definitions
There are numerous definitions that you could be tested on. Answering this
section well is critical to succeeding on your exam as 50/200 marks are for
definitions (25 marks for Ethics and 25 for Law). Comparing 10 PPEs in the last
5 years, below are the most frequent definitions that have appeared as well as
the ones that PEO wants you to learn. All the definitions are important, however
definitions that we marked with an * are extra important because they frequently
appear in long answer questions as well. We recommend that you learn the "*"
definitions as a minimum.
Quizlet has really impressed me with their learning tools, which is why I use
them exclusively. Within the Quizlet links just mentioned you can do:
- flashcards (a great way to get familiar with all the
definitions)
- gives you the answer first and then you have to come up
with the term
- make the terms and definitions disappear by dragging them
on top of one another.
If any of the definitions are not clear or you require more information, you can
review the 6 key resources:
1. Canadian Professional Engineering and Geosciences - Practice and
Ethics (5th edition). Below referred to as 'Ethics Text'. You can borrow
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the textbook from your local library (if available) or you can buy it from
Amazon.ca.
2. Law for Professional Engineers, Canadian and Global Insights (4th
edition). Below referred to as 'Law Text'. Borrow it or buy it from
Amazon.ca.
3. Professional Engineers Act - RSO 1990, Chapter P.28. Below referred
to as 'PE Act'. You probably received a copy with your package from the
PEO, but it is available online for free.
4. Professional Engineers Act - General RRO 1990, Reg 941. Below
referred to as 'General RRO. You probably received a copy with your
package from the PEO, but it is available online for free.
5. PEO - By-Law No. 1. Below referred to as 'By-Law'. You probably
received a copy with your package from the PEO, but it is available online
for free.
6. PEO Website
Provided below are the definitions/terms in table format. Where it says 'Ethics
Text Page #' this refers you to the textbook Canadian Professional Engineering
and Geoscience: Practice and Ethics. Similarly, 'Law Text Page #' refers to
Practical Law of Architecture, Engineering and Geoscience.
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# of
times
used
Ethics Text
Page #
Enforcement*
53
Consulting Engineer
requirements*
51, 111
Ethics
Definition/Concept
Temporary License
requirements and
limitations.*
(unless noted
otherwise)
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Ethics
Definition/Concept
Discipline*
# of
times
used
Ethics Text
Page #
(unless noted
otherwise)
52-53
68-69
Meaning of "Self
Regulating Profession"*
33, 37
Certificate of
Authorization (CofA)*:
PEO Website
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Ethics
Definition/Concept
# of
times
used
Ethics Text
Page #
(unless noted
otherwise)
Limited License
requirements and
limitations*
Requirements:
The applicant must designate a professional engineer
who is an employee or partner in the firm to assume
professional responsibility for the services provided.
The designated engineer must have 5+ years of
professional engineering experience beyond university.
Carry professional liability insurance or disclose to
every client that they dont have it and obtain written
acknowledgement of this disclosure.
General RRO A limited License holder is not a P.Eng but is someone with a
- Section 45- technical background and whom has signification specialized
46
experience.
Limitations:
Practice of professional engineering by the holder of
the licence must be limited to the services specified by
the licence.
When the holder of the licence ceases to provide the
services specified, they must notify the Registrar and
return the licence and seal.
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Ethics
Definition/Concept
# of
times
used
Ethics Text
Page #
(unless noted
otherwise)
Requirements:
Either or both of the following:
o 3-year diploma in engineering technology or
equivalent from a Council approved institution
o 4-year honours science degree or equivalent from a
Council approved university
10 years of Council approved experience in
engineering work beyond graduation.
Passed the PPE
Good Character
General RRO Not displaying a licence is a violation of the Code of Ethics
- Section
77.2.iv.
77.2.iv
Consequences of a
P.Eng not permanently
displaying his/her
licence*
97-99
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Ethics
Definition/Concept
Professional Engineer
(P.Eng.) Licence*
# of
times
used
Ethics Text
Page #
(unless noted
otherwise)
Other objectives:
Establish, maintain and develop standards:
of knowledge and skills among its members;
of qualification and stands of practice for the
practice of professional engineering; and
of profession ethics among its members
Promote public awareness of role of the Association
Professional Engineer (P.Eng.) is a type of licence issued by
the PEO.
List 5 Requirements?
PEO website
under P.Eng
Licence
Overall
Requirements
Profession
15-16
Roles of PEOs:
Complaints Committee &
PE Act Section 24
Requirements in Ontario:
Age: 18+ years old
Character: Must be of good character.
Education: Academic qualification, such as an engineering
degree from an accredited university
Experience: 4+ years of suitable experience, with 1+ year
in Canada.
Knowledge of Ethics and Law: Need to write and pass the
Professional Practice Exam (PPE).
Profession is:
Self-regulating group
With specialized knowledge, skills, education
performing of a public service
Complaints Committee: investigate complaints from members
or the public regarding the conduct or actions of a member,
CofA, or licence holder. The committee may take the matter to
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Ethics
Definition/Concept
# of
times
used
Ethics Text
Page #
(unless noted
otherwise)
Discipline Committee
Membership
requirements for
Engineering Intern &
Engineering Student
PEOs disciplinary
process.
412;
PE Act Section 12.2
PEO Website
66-69
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# of
times
used
Ethics Text
Page #
Fee Mediation
Committee
PE Act Section 32
PE Act
Section 3(2)
Provisional License
requirements*
42
Composition of Council
15 to 20 Council members are elected by the members
of the Association.
5 to 7 Council members are appointed by the
Lieutenant Governor in Council
3-5 are not members and who are appointed by the
Lieutenant Governor in Council
Requirements: Satisfied all of the application requirements
(18+ years old, must be able to communicate effectively (both
orally and written) in the working language of the
province/territory, academic qualification, pass PPE, citizen or
landed immigrant, 4+ years of suitable experience) except the
1+ year of experience in Canada.
Limitation: Practice under the supervising of a licensed P.Eng.
The supervising P.Eng must sign all final documents. Licence
valid for 12 months.
Ethics
Definition/Concept
(unless noted
otherwise)
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Law Definition/Concept
# of times
used
Law Text
Page #
(unless noted
otherwise)
136
Secret commission*
179-180
120-128
71-75
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Law Definition/Concept
Dispute Resolution Board*
(DRB)
# of times
used
5
Law Text
Page #
(unless noted
otherwise)
31-32, 239,
246-247
5 examples of employment
rights under Ontario's
Human Rights Code*
322-323
Duress*
110-111
214, 252-253
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Law Definition/Concept
# of times
used
Law Text
Page #
(unless noted
otherwise)
136-137
Bid shopping*
131-133
Essential elements of an
enforceable contract*
79
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Law Definition/Concept
# of times
used
Law Text
Page #
(unless noted
otherwise)
71-75
29-30
Vicarious liability*
52-55
29-30, 235238
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Law Text
Page #
Law Definition/Concept
# of times
used
30, 245
Liquidated Damages*
150, 214
Fraudulent
misrepresentation*
(unless noted
otherwise)
109
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Law Definition/Concept
Equitable estoppel*
# of times
used
1
Law Text
Page #
(unless noted
otherwise)
92-96, 97
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Law Definition/Concept
# of times
used
Law Text
Page #
(unless noted
otherwise)
Corporate director's
standard of care
20-22
Tort*
37
38-39
Gratuitous promise*
92
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Law Definition/Concept
# of times
used
Law Text
Page #
(unless noted
otherwise)
23
159-162
21
Unilateral Mistake
115-119
Common Law
2, 33-35,
103-104
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Law Definition/Concept
Specific Performance
# of times
used
1
Law Text
Page #
(unless noted
otherwise)
152
Concurrent Tortfeasors*
55-56
Quantum Meruit*
150
Partnering on Construction
Projects
11, 238
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Ethics Questions
Ethical Obligations & Issues (what
should you/he/she do now?)
# of times used
12
Non-qualified workers
Lets look at each question type in detail so that when faced with the question on
the exam you can deal with it properly.
Ethical Obligations & Issues (what would you/he/she do now?)
With any long answer question for the Ethics section, you are going to need to
utilize sections 72 (Professional Misconduct) and 77 (Code of Ethics) from the
1990 Ontario Regulation 941. Sections 72 and 77 are provided in the Appendix
of this document and we recommend that you print them off for easy reference.
The general ethical obligation questions will typically describe a sticky situation
that someone has gotten into. They normally ask you to comment on the
person(s) behaviour and may ask you to provide a recommendation for what to
do next. When answering, use section 72 and 77 to frame your answer and
provide a solution. Lets look at an example question to show you how this is
referenced.
Sample Question
Dave, a P.Eng. is hired by Anthony to provide expert advice on the installation of
a generator being installed in a rural northern community. He has all the
necessary licences to be providing these services (P.Eng and Certificate of
Authorization (CofA)). Anthony, who is also a P.Eng., is responsible for
supervising all construction labour.
Upon arrival of the construction site, Dave notices that there are no workplace
safety and health procedures in place for the work crew. For instance, no one is
wearing hard hats, safety shoes or eye protection. There is also no workplace
health and safety committee and no workplace training.
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(15)
(a) Does Dave, who is hired to give only technical advice about the
installation of the generator have any obligation with respect to the safety
of the work crew?
(10)
Suggested solution:
(Author Comments: To answer this question we must scan sections 72 and 77 to
see if there are any clear obligations and responsibilities of Professional
Misconduct or Code of Ethics. To answer the question, nearly every sentence
should have a reference to sections 72 and/or 77. Be sure not to quote the
clauses word-for-word.)
(a)
Workplace safety is the responsibility of everyone. Dave does have an
obligation to safeguard the life and health of the work crew 72(2)(b). He has a
duty to make a reasonable attempt to ensure that safety regulations and codes
are being followed 72(2)(d) and a responsibility to either correct or report a
situation that may endanger the safety of others 72(2)(c) without fear of favour
77(8). Furthermore, Dave must regard the public (i.e. work crew) welfare as
paramount 77(2)(i) and must co-operate with his fellow professional 77(6) to
quickly resolve the situation.
(b)
Anthony, as the supervisor of all construction labour, is ultimately
responsible to ensure the proper safety codes and standards are followed
72(2)(d) and to ensure that the correct committees, training and equipment are in
place to safeguard the life and health of the work crew 72(2)(b). He is required
to correct the situation that may endanger the safety of the public 72(2)(c).
TestIT for 5 years as a full-time employee. Your role is to supervise the tests on
various products. Your expertise and knowledge have attracted a number of
companies interested in hiring you on a private basis (i.e. outside of TestIT) to
advise them of their product design. Youre happy to make a little money on the
evenings and weekends by occasionally undertaking this work.
One morning at TestIT, you are given the job of supervising the tests and issuing
a report on a new product just submitted to TestIT. You smile when you realize
that the product was submitted by one of your own manufacturing clients that you
provided weekend design input for.
(10) (a)
(10) (b)
How should you deal with the testing of the new product?
(5)
(c)
Suggested solution:
(Author Comments: By reading the question, it should be apparent to you that
this is a moonlighting question since 1 person is working under two different
companies (TestIT and his own). Moonlighting is not illegal or unethical if you:
disclose your situation to your full-time employer, be satisfied that the work will
not interfere with your full-time job responsibilities, and provide your own clients
with a written statement of the nature of your status at your full-time job and your
limitations to serving the client. This is covered in Section 77(5) of the Regulation
941. After recognizing that this is a moonlighting question we would again scan
sections 72 and 77 to see if there are any clear obligations and responsibilities of
Professional Misconduct or Code of Ethics.)
(a)
(b)
I should not accept the testing of the new product as it is clearly a conflict
of interest 72(2)(i) and may influence my judgment, 77(3), 77(4). Before proceed
in my role at TestIT, I must immediately disclose my side business to TestIT and
my own clients 77(5) and discuss this conflict with TestIT to determine if the
moonlighting is acceptable going forward.
(c)
Holding a professional engineering licence is not sufficient to providing
design input. A Certificate of Authorization (CofA) would be required since there
is no other engineer with a CofA to assume responsibility on my behalf. A CofA
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is required to provide services to the public in Ontario to ensure the public has
someone with extensive experience and liability insurance.
Non-Qualified Workers
These types of questions are easy to spot because of the terms used in the
question like: junior or fresh out of university. It could also refer to someone
who is qualified but who is working outside of his/her expertise. Like all Ethics
questions, we will utilize sections 72 (Professional Misconduct) and 77 (Code of
Ethics) from the 1990 Ontario Regulation 941 to see what clauses apply to the
situation.
Sample Question
After 10 years of learning the ropes, Julie, an experienced P.Eng., branched out
and started her own structural design firm called Julie's Engineering Design
which provides professional engineering services to the public. She then
became busy due to her quality designs and fast turnaround times. As a result,
Julie hired Sam, a recent graduate with an engineering degree who just
completed his Masters in Civil Engineering. Sam wrote a thesis paper entitled
'Building Structurally Sound Offices in Earthquake Zones'. Julie's plan was to
teach her expertise to Sam and learn a little about designing for seismic events
from him.
A year after Sam was hired, Julie's Engineering Design was approached about
creating the structural design drawings for a new office building in Tokyo, Japan.
Julie quickly accepted since this would be the perfect opportunity to leverage
both of their skills. Sam had never designed an office building before, but knew
some of the key considerations needed for earthquake zones. Julie, having
designed office buildings before, had never design for an earthquake zone and
knew nothing about the local building code. With pressure from her client, Julie
figured they would overdesign the structural which they figured would "be strong
enough for any earthquake". They quickly finished the design and Julie stamped
it and sent it off to the client.
[25]
Suggested solution:
(Author Comments: You will notice how the questioned is framed to quickly let
you know that Julie's Engineering Design is unqualified to provide these
professional services. We will refer to sections 72 and 77 to guide our response
and note any clear obligations and responsibilities of Professional Misconduct or
Code of Ethics.)
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[25]
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# of times used
9
5
5
12
Suggested Solution
Potential liabilities could arise for all of eFirm, the owner and Buildings Inc. The
principles of tort are:
Duty of care
Breach of that duty; and
Damages as a result of the breach
Tort exists to compensate the victim of the civil wrong. Tort exists in this instance
since there is no contract between eFirm and Buildings Inc. Since the owner and
Buildings Inc. have a contract, the owner could be liable in both tort and contract.
Building Inc will claim that eFirm should have done a more thorough job with the
investigation of hazardous substances as its duty of care. Since hazardous
materials were found and could have been avoided with proper investigation, that
duty was breached. Costs for the abatement of the materials (i.e. damages)
would be incurred as a result of the breach.
Buildings Inc. could be liable to pay for the damages themselves if eFirms
disclaimer is enforced in court.
Equitable Estoppel
This question deals with a party making a gratuitous promise (i.e. a promise
without consideration) and a legal principle call an equitable estoppel which
protects a party that has been put in an unfair position as a result of receiving a
gratuitous promise. This type of question can be identified when you have a
promise that is not updated in the contract. The promise, to change a deadline
for example, is usually made verbally in these questions. However it can also be
made silently. For example, if an owner is consistently making late payments to
the contractor, which is against the contract, but the contractor doesnt complain,
this can be constituted as a gratuitous promise.
For additional information on Equitable Estoppel, refer to Chapter 10 - Intent
(pages 92-97) in your Law textbook.
Sample Question
An Owner and Contractor enter into a contract to build an airplane hangar that is
to be finished by July 1. Halfway through the project the Owner decides she is
going on summer vacation and verbally tells the Contractor that he can finish by
September 1. On June 20th the Owner misses her flight and decides not to go
on vacation and demands the hangar to be built by their contract date of July 1 st.
The Contractor refuses since he did not plan to have the material/labour lined up
until September 1.
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Was the Owner entitled to rely on the strict wording of the contract under these
circumstances? In giving reasons for your answers, identify and explain the
relevant legal principle and how it would apply.
Suggested Solution
The Owner was not entitled to rely on the strict wording of the contract. The
Contractor was extended a gratuitous promise from the Owner to extend the
delivery date. The contractor was clearly depending on the promise and would
be put at a loss if it had to revert back to the original contract. If the Owner
insisted on the wording of the contract, the Contractor could request an
equitable estoppel from the court. The court would likely enforce the estoppel
and revise the completion date to September 1 to make it equitable for the
Contractor.
Tendering Contract A
These questions deal with the tendering phase of a contract. Look out for
contractors who miscalculated their bids and want to find a way out. As you now
know from the Ron Engineering case, a Contract A is binding and is formed
when the owners offer is accepted by the bidder(s) upon the submission of each
compliant bid.
For additional information on Contract A, refer to Chapter 16 - Tendering Issues
- Contract A in your Law textbook.
Sample Question
PLAYCO, a supplier of playground equipment for restaurant chains, submitted a
fixed price bid on a major renovation project for a large restaurant chain, in
response to the chains request for proposal (RFP). PLACO included with the
tender, as required, a certified cheque for $50,000 payable to the chain as a
tender deposit.
The RFP clearly indicated that if the tender was accepted by the chain and the
successful bidder did not execute the contract enclosed with the RFP, the chain
would be entitled to retain the tender deposit for its own use and to accept any
other tender.
PLAYCO made a clerical error in compiling its tender submission, omitting
$500,000 from its tender price of $3,000,000. PLAYCO made the chain aware of
this error only 5 minutes after the official time for submitting bids had expired.
PLAYCO indicated that it wished to withdraw its tender but the chain refused to
allow it to do so and awarded the supply contract to PLAYCO.
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Was PLAYCO entitled to withdraw its bid? Was the chain entitled to keep the
tender deposit? Provide your reasons and analysis, explaining the relationships
and indicate a likely outcome.
Suggested Solution
PLAYCO was not entitled to withdraw its bid since it entered into a Contract A
with the owner upon the submission of its compliant bid. Since the landmark Ron
Engineering case, courts have respected the contract that is formed with the
tendering phase.
The chain was entitled to keep the tender deposit as per the provision in the
contract that allows them to do since PLAYCO did not execute the contract.
In this question, PLAYCO made a unilateral mistake, meaning a mistake made
by only one party. The chain, when developing such a tender in the first place
needs to realize that if they make the contract too one sided, then some
contractors may refuse to bid or may submit higher prices. As the owner, the
chain needs to be aware of this but may draft the contract in any way so long as
they treat all bidder fairly.
Breach of Contract
A breach of contract occurs when a party fails to perform obligations specified in
the contract. Be careful not to confuse this with the Equitable Estoppel question
type. It will be a Breach of Contract Question when a party fails to deliver or
execute something and there was no verbal promise of extension, change, etc.
These questions will often ask for you to determine the damages that one party
will seek and may have a contract clause limiting liability. Thus, you should be
familiar with the case study on page 162-164 in your Law textbook. Review the
case study before trying the question below. Additionally, you should be aware
of the Hunter Engineering Company case study (page 159-162) which has
provided guidance to many court decisions that have since upheld clauses that
limit liability.
For additional information on Breach of Contract, refer to Chapter 19 - Breach of
Contract and Chapter 20 - Fundamental Breach in your Law textbook.
Sample Question
A telecommunications development company leased an outdated and unused
underground pipe system from an Ontario municipality. The developer's purpose
in leasing the pipe was to utilize it as an existing conduit system in which to
install a fibre optic cable system to be designed, constructed and operated in the
municipality by the telecommunications developer during the term of the lease.
All necessary approvals from regulatory authorities were obtained with respect to
the proposed telecommunications network.
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Suggested Solution
The facts demonstrate a fundamental breach of contract. The
telecommunications company is seeking an amount totaling: supplying &
installing replacement cable + failure to meet deadline = $1,800,000.
The telecommunications company would be successful for seeking damages
because the guarantee of meeting the deadline was broken. However, since the
Hunter Engineering vs. Syncrude case, courts have upheld exemption clauses.
Thus, the contractor would only be required to pay $1,000,000 (the stipulated
maximum amount) assuming that the clause was clear and direct. The courts
scrutinizing the wording of the exemption clause is the legal principal known as
the true construction approach.
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Practice Exam #1
Note: No aids are permitted other than Ontario Regulation 941 sections 72
(Appendix A in this guide) and section 77 (Appendix B).
Questions
Part A Professional Practice and Ethics
Question 1 (25 marks)
(10)
(a)
(5)
(b)
(5)
(c)
(5)
(d)
PEO issues Temporary licenses. Other than paying the fee, briefly
state 3 other requirements to obtain such a licence.
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admitted that the photos provided did show that the foundation was in fact
structurally unsound.
(15)
(a)
(10)
(b)
(15)
(a)
What, if any, duties does M.Ployee have under the code of ethics
and the definition of professional misconduct regarding the potential
dangers to MecCon's workers? Explain whether it matters to
M.Ployee's duties that the unsafe practices involved work that was
not relevant to the services that TurbCo was hired to perform.
(10)
(b)
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Liquidated damages
(ii)
(iii)
Fraudulent misrepresentation
(iv)
(v)
Secret commission
(vi)
Limitation period
(vii)
(viii)
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progress payment was certified as due by the independent engineering firm, the
airlines finance department asked the IT firm's representative on the project for
information pertaining to an invoice from a subcontractor to the IT firm. The
subcontractors invoice comprised a portion of the forth progress payment
amount. The airlines finance department requested that the additional
information be provided prior to payment of the 4th progress payment.
The signed contract between the firm and the airline did not obligate the IT firm to
provide the addition information requested, however the representative from the
IT firm did verbally indicate that the additional information would be provided.
The IT firm never proved the additional information relating to the subcontractors
invoice. 16 days after the 4th progress payment had been certified for payment,
the IT firm notified the airline in writing that it was terminating the contract
because the airline was in default for not honouring its obligations to make
payment within 15 days pursuant to the express wording of the contract.
[25]
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Note: Be sure to answer the above questions on your own before reading the
solutions on the following pages.
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(b)
(c)
(d)
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(b)
(b)
Even though the testing does not put the public at risk, M.Ployee
still has an ethical obligation to his client to treat them fairly
77(1)(i) as well as maintain a devotion to personal integrity
77(1)(iii). Although liquidated damages may result for TurbCo for
not meeting its performance targets, if PowerGen were to later
find out that M.Ployee knew that the tests were done incorrectly it
may permanently damage the working relationship between itself
and TurbCo.
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(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
Duty of care soil test should have been carried out by a soils
engineer who has the experience to identify potential issues
Breach of duty the duty of care was confirmed breached by the
independent engineering investigator who determined that the
settlement of the building was a result of poor soil testing practices
Loss from the breach extensive structural damage to the building
occurred as a result of the construction going ahead as per the
plans and specifications
Since the architect refused to pay for more comprehensive testing, it
is at fault. The architect was also at fault for selecting the test pits
rather than having a qualified engineer select them. The
engineering firm is at fault for not selecting the test pits and for not
sending a soils engineer to examine the soil.
Since both parties are at fault they are said to be concurrent
tortfeasors. The engineering firm would be likely be held vicariously
liable for the actions of the P.Eng. (vice-president).
In order to compensate Provincial, a likely outcome of the
responsibility would be for the architect to pay for 40% and the
engineering firm to pay for 60% of the damages.
(b)
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Next Steps
Wow! Im impressed - you made it to the end. Most people dont they get
distracted, they go play X-Box and end up sweating in the exam. Luckily,
youre one of the smart ones that knows that it pays to finish what you started.
I hope you give your full effort on the exam and ensure that answer each
question to the best of your ability so the exam reviewer can say yes this
person really gets it.
After writing the PPE:
After you write your exam, you can finally breathe a sigh of relief that your
studying is over. What's next? Your results will arrive in 8-10 weeks.
If you were unsuccessful at your PPE, study the materials presented above
again and ensure that you:
o know the definitions/concepts
o be able to identify and answer the different types of long answer
questions
o pace yourself in the exam
o write clearly and legibly in proper English.
If you have passed - congratulations. You've moved one step closer to your
P.Eng.
Individual License for personal use only. May not be copied or distributed.
Individual License for personal use only. May not be copied or distributed.
Individual License for personal use only. May not be copied or distributed.
Individual License for personal use only. May not be copied or distributed.
Individual License for personal use only. May not be copied or distributed.
Individual License for personal use only. May not be copied or distributed.
Individual License for personal use only. May not be copied or distributed.
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Part B (Law)
Terms/Concepts (reading location in brackets)
Canadian legal system structure (L3-7), basics of business
organizations (L11-23); application of tort law principles in determining
liability for negligence (L37-51); limitation periods (L71-6); essential
elements and principles of contract law including grounds upon which a
contract may be impeached (L79-120); tendering issues (L121-134),
interpretation (L135-9), discharge and breach of contracts (L141-164);
contracts limiting liability (L168-9); engineering and other specific types of
contracts (L191-3); the Professional Engineers Act regulatory aspects (PE
Act - Section 7); construction lien legislation (L249-260); Competition Act
issues of relevance to engineers (L261-5); industrial property protection
(L281-293, E168-177); employment laws (L315-326); Human Rights Code
Prohibitions against Discrimination and Sexual Harassment (L322-3).
Typical Long Answers Question Type:
1. Tort Law
2. Equitable Estoppel
3. Tendering Contract A 4. Breach of Contract
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Exam - Specifics
ONT.PPECheatSheet-pg.2
What to Bring
1 piece of photo ID
Ethics - Typically you are asked to define, explain or answer 4-6
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Preparation
1. After you
application form.
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